Central Iowa Trail Association, Inc. WAIVER and LIMITATION OF LIABILITY
In consideration of my participation with Central Iowa Trail Association, Inc., an Iowa non-profit corporation, (hereinafter referred to separately and collectively as "CITA") and its directors, officers, members, employees, and volunteers, I hereby fully agree to and make the following contractual agreements and representations:
I have no physical or mental condition which, to my knowledge, would endanger (actually or potentially) others or me if I participate in any activities with CITA.
I fully realize the risks and dangers of participating in both on- and off-road bicycling, trail work (construction and maintenance), and other trail-related activities. I fully assume the risks associated with such participation including, by way of example and not limitation, the following:
. The danger of colliding with pedestrians, vehicles, other cyclists, and fixed and moving objects; the (increased) dangers and hazards associated with night riding both on- or off-road;
. The dangers associated with the use, by myself and others, of various hand tools and equipment used in trail maintenance and construction;
. The dangers arising from road/trail surface obstacles, equipment failure, inadequate safety equipment, and adverse weather conditions including extremes of cold and hot temperatures;
. The danger of contact with potentially harmful plants or animals including insects;
. The possibility of serious physical injury, dismemberment, mental trauma, and/or death.
I hereby waive, release, and discharge for myself, my heirs, executors, administrators, legal representatives, assigns, and successors in interest (hereinafter collectively termed "successors") any and all right and claims which I have or which may hereafter accrue to me against CITA, its directors, officers, members, employees, volunteers, and designates or heirs through or by which events will be held for any and all losses and damages including, without limitation, breach of contract, reasonable attorney fees, judgments, fines, and penalties which may be sustained by me directly or indirectly in connection with or arising from my participation in any activities with CITA or in travel to/from such events. In addition, in no event shall CITA be liable to a participant for any incidental, special or consequential damages, including without limitation, claims by any participant(s) or third parties for damages resulting from property damage, personal injury, or death.
I agree that it is my sole responsibility to be familiar with the terrain, conditions, and route in all riding activities I participate in with CITA. I understand and agree that situations may arise during such participation with CITA that may be beyond the immediate or foreseeable control of CITA, and that I must partake in any and all activities in such a manner as to not endanger myself or others. I accept sole responsibility for the mechanical condition, adequacy, and/or suitability of my bicycle or bicycle equipment including its safety equipment including, without limitation, reflectors on the front, rear, sides and pedals, and a headlight and taillight when riding at night, my trail work equipment, and any other personal equipment used in conjunction with CITA events.
I agree when participating in CITA activities to obey all road traffic signals and all State of Iowa and county and municipal road, park or trail regulations and, when on my bicycle, to wear an "approved" safety helmet affixed to my head at all times (an "approved" helmet is one which complies with one of the following safety standards: CPSC, SNELL, ANSI Z90.4, or ASTM). Moreover, I assume any and all personal responsibility and liability for the selection, condition, and fit of such helmet.
I agree for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert my claim in controversion of this agreement, I or my successors shall be liable for all expenses (including reasonable legal fees and other related costs) incurred by the other party or parties in defense of such claim.
This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision(s) herein or as consent to any other provision herein or as consent to any subsequent waiver or modification.
By signing this Waiver and Limitation of Liability, I am acknowledging that I have read it in its entirety and I agree with all of its terms and conditions.
City of Des Moines Parks and Recreation
VOLUNTEER RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND PHOTO RELEASE
In consideration of my, or my minor child, being permitted to participate in any way in the above named Volunteer Program, I, the Undersigned, for myself and my minor child, all of my or my minor child's, personal representatives, executors, administrators, heirs, next of kin, successors and assigns, herein referred to as "Releasors", do hereby:
1. Acknowledge that this volunteer service carries with it the potential for serious injury, death and/or property damage, and certify as to my physical fitness and that of my minor child to participate and declare that neither I, nor my minor child, have been advised otherwise by a qualified medical professional.
2. Acknowledge, agree, and represent that I and my minor child will, at all times, be aware of the surroundings during the volunteer service and agree that if I or my minor child consider anything related to this Activity to be unsafe, will immediately advise the Activity officials of such, and if necessary, will leave the area or refuse to participate further in the volunteer service.
3. Waive, release and discharge, and covenant not to sue, the City of Des Moines, Iowa, its elected and appointed officials, employees, volunteers, sponsors, and agents, including others who give recommendations, directions, or instructions as part of this volunteer service, hereinafter referred to as "City", from any and all liability to Releasors, except for my minor child, for any and all loss or damage, and any claim or demands therefor, on account of injury to the person or property or resulting in my death of that of my minor child arising out of or related to the volunteer service, including traveling to or from the volunteer service.
4. Agree to Indemnify and Save and Hold Harmless the City and each of them from any loss, liability, damage, or cost that they may incur arising out of or related to my or my minor child's participation in this volunteer service.
5. Assume full responsibility for any risk of bodily injury, death or property damage arising out of or related to the volunteer service. I agree to comply with all applicable safety rules, including wearing protective clothing, close-toed shoes/boots, safety goggles, gloves, and vest while performing my volunteer activities.
6. Agree that this Release and Waiver of Liability and Assumption of Risk Agreement and Photo Release extends to all acts of negligence by the City, not including gross negligence and willful misconduct, and is intended to be as broad and inclusive as is permitted by law including any governmental immunity afforded the City by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. Authorize any medical treatment, including the administration of anesthesia, deemed advisable by any licensed physician to relieve any injuries received or illness contracted by me or my minor child as a participant in this volunteer service. I hereby agree to pay all costs of any medical treatment or emergency transportation.
8. Authorize and consent to the City, its sponsors, and any news media, and their successors and assigns and those acting under their authority, to take, publish, use in any media, and copyright photographs, videotape or other and audio or visual media, including broadcast in any media, of me or my minor child and agree that such may be used for any lawful purpose without further compensation or approval.
I have read this Release and Waiver and Assumption of Risk Agreement and Photo Release, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it voluntarily without assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the fullest extent permitted by law, including all acts or negligence by the City as stated above.
